Industrial General Trust, Ltd. v. . Tod
New York Court of Appeals
Appeal from a judgment, entered April 27, 1904, upon an order of the-Appellate Division of the Supreme Court in the first judicial department, overruling plaintiffs’ exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing that the complaint be dismissed. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered April 27, 1904, upon an order of the-Appellate Division of the Supreme Court in the first judicial department, overruling plaintiffs’ exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing that the complaint be dismissed. The nature of the action and the facts, so far as material, are stated in the opinion. The action is properly brought to recover damages on the law side of the court instead of for equitable relief. (Marvin v. Brooks, 94 N. Y. 80; Dykman v. Keeney, 150 N. Y. 483; O'Brien…
1Opinion of the CourtVann, J.
The facts relating to this controversy have been stated so frequently by different judges during its passage through the courts that we shall allude to them only in a general way. (Industrial & General Trust v. Tod, 52 App. Div. 195 ; 170 N. Y. 233 ; 93 App. Div. 263.)
The Birmingham, Sheffield and Tennessee Biver Bailway Company was organized to build a railroad, extending from Sheffield, Alabama, to Parish, in the same state, with several short branches leading to mines, and one to the Tennessee river. The entire length of the main line and all the branches was 119 miles.
It began to build…
2Cases cited17 opinions
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Cox v. . StokesNew York Court of Appeals · 1898
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- Murray v. StantonMassachusetts Supreme Judicial Court · 1868
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3Cited by67 opinions
- Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
- Virginia v. West VirginiaSupreme Court of the United States · 1915
- Simon v. . EtgenNew York Court of Appeals · 1915
- Ayers v. Grand Lodge of the Ancient Order of United WorkmenNew York Court of Appeals · 1907
- Ganley Brothers, Inc. v. Butler Brothers Bldg. Co.Supreme Court of Minnesota · 1927
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